Crowe v Elbeaini [2013] NSWSC 1201

Supreme Court New South Wales

Medium Neutral Citation: Crowe v Elbeaini [2013] NSWSC 1201 Hearing dates: 11 December; 13 December 2012; 16 May 2013 Decision date: 03 September 2013 Before: Bellew J Decision: 1.The defendant is to pay the plaintiff's costs of the proceedings up to and including 26 November 2012, as agreed or assessed. 2.Pursuant to s. 99(2)(c) of the Civil Procedure Act 2005 Ms Virginia Hart is to indemnify the defendant as to one half of the defendant's costs of the proceedings after 26 November 2012, as agreed or assessed. 3.TL Lawyers Pty Limited is to pay one half of the defendant's costs of the proceedings after 26 November 2012, as agreed or assessed. 4.TL Lawyers Pty Limited and Ms Virginia Hart are otherwise to pay their own costs. Catchwords: COSTS - practice and procedure - where proceedings between plaintiff and defendant settled - where dispute arose between plaintiff's solicitor and plaintiff's former solicitor as to costs - whether conduct of plaintiff's solicitor contributed to wasted costs incurred by the defendant - whether conduct of plaintiff's former solicitor also contributed to wasted costs incurred by the defendant

COSTS - costs against legal practitioner personally - necessity for the circumstances of the case to be clear before such an order is made - necessity for the conduct on the part of the legal practitioner to be causative of wasted costs - where unreasonable conduct on the part of the legal practitioner was partly the cause of wasted costs Legislation Cited: Civil Procedure Act 2005 Supreme Court Act (UK) 1981 Cases Cited: Colgate Palmolive Co and anor v Cussons Pty Limited (1993) 118 ALR 248 Harris v Villa Care Pty Limited [2012] NSWSC 452 Harrison and anor v Schipp; Cameron and anor. v Schipp [2001] NSWCA 13 Kelly v Jowett [2009] NSWCA 278 Lemoto v Able Technical Pty Limited [2005] NSWCA 153 NA and J Investments Pty Limited v Minister administering the Water Management Act 2000 (No.2) [2011] NSWLEC 98 Ridehalgh v Horsfield [1994] Ch 205 at 229 Treadwell v Hickey [2010] NSWSC 1119 Whyked Pty Limited v Yahoo!7 Pty Limited [2008] NSWSC 477 Category: Principal judgment Parties: Susan Crowe - Plaintiff Joseph Elbeaini - Defendant TL Lawyers Pty Limited- Intervener Ms V Hart (in a personal capacity) Representation: For the Plaintiff: Ms V Hart (on 11 and 13 December 2012) Mr D Lloyd (on 16 May 2013) For the Defendant: Mr G Evans (on 11 and 13 December 2012) Ms A Underwood (on 16 May 2013)